Source: OJ L 2024/2847, 20.11.2024Current language: EN
- Cyber resilience for products with digital elements
Basic legislative acts
- CRA regulation
Article 28 EU declaration of conformity
Summary What does Article 28 of the CRA regulation say?
This article governs the EU declaration of conformity that manufacturers must produce to demonstrate their product with digital elements meets the essential cybersecurity requirements of the regulation.
It flows directly from Article 13, which sets out the broader obligations of manufacturers, and specifies the formal requirements for the declaration: its structure, content, language availability, and the legal responsibility it confers.
A notable practical provision addresses situations where a product falls under multiple Union legal acts, allowing a single consolidated declaration to cover all of them.
Important points:
- Manufacturers are required to draw up an EU declaration of conformity confirming that the essential cybersecurity requirements of Annex I have been met, and by doing so, they formally assume legal responsibility for the product's compliance.
- The declaration must follow the model structure in Annex V, be updated as appropriate, and be made available in the languages required by the Member State where the product is placed on the market.
- The Commission has the power to adopt delegated acts to add elements to the minimum content of the declaration in Annex V to account for technological developments.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
The EU declaration of conformity shall be drawn up by manufacturers in accordance with Article 13(12) and state that the fulfilment of the applicable essential cybersecurity requirements set out in Annex I has been demonstrated.
The EU declaration of conformity shall have the model structure set out in Annex V and shall contain the elements specified in the relevant conformity assessment procedures set out in Annex VIII. Such a declaration shall be updated as appropriate. It shall be made available in the languages required by the Member State in which the product with digital elements is placed on the market or made available on the market.
The simplified EU declaration of conformity referred to in Article 13(20) shall have the model structure set out in Annex VI. It shall be made available in the languages required by the Member State in which the product with digital elements is placed on the market or made available on the market.
Where a product with digital elements is subject to more than one Union legal act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such Union legal acts. That declaration shall contain the identification of the Union legal acts concerned, including their publication references.
By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the product with digital elements.
The Commission is empowered to adopt delegated acts in accordance with Article 61 to supplement this Regulation by adding elements to the minimum content of the EU declaration of conformity set out in Annex V to take account of technological developments.
Relevant recitals
Recital 88 EU declaration of conformity
Manufacturers should draw up an EU declaration of conformity to provide information required under this Regulation on the conformity of products with digital elements with the essential cybersecurity requirements set out in this Regulation and, where applicable, of the other relevant Union harmonisation legislation by which the product with digital elements is covered. Manufacturers may also be required to draw up an EU declaration of conformity by other Union legal acts. To ensure effective access to information for market surveillance purposes, a single EU declaration of conformity should be drawn up in respect of compliance with all relevant Union legal acts. In order to reduce the administrative burden on economic operators, it should be possible for that single EU declaration of conformity to be a dossier made up of relevant individual declarations of conformity.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
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importer
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economic operator
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component
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cybersecurity
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manufacturer
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distributor
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authorised representative
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Union harmonisation legislation
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product with digital elements
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conformity assessment
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remote data processing
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electronic information system
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hardware
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software